Japan is widely considered one of the most racially homogeneous nations in the world, with more than 95 percent of the population reported as ethnically Japanese. However, one minority has lived in Japan for over a century now yet continues to face systemic discrimination: Koreans.
The roots of this discrimination can be traced back to Japan’s colonial history. After Japan formally annexed Korea in 1910, thousands of Koreans migrated to Japan to fill labor shortages and escape poverty. Initially, these migrants were considered citizens, but this changed after Japan relinquished its colonial possessions (including Korea) in 1952. Ethnic Koreans residing in Japan were then reclassified as foreign aliens, giving rise to the term “Zainichi Korean,” which literally translates to “Koreans residing in Japan.” Over the following decades, Zainichi Koreans faced a series of discriminatory laws covering everything from employment to education. While the Zainichi identity movement in the 1970s led to the repeal of many of these laws, indirect discrimination persists to this day.
Today, over 400,000 ethnic Koreans live in Japan, with about 330,000 of them classified as “Special Permanent Residents”—a status that renders them non-citizens. While Koreans technically face no formal barriers to naturalization, cultural and systemic obstacles remain in place. For example, there is intense pressure within the Zainichi community to reject citizenship because naturalization is viewed as ethnic betrayal. The Japanese government has also enacted informal barriers to Korean naturalization. Until the 1980s, applicants were required to adopt a Japanese-sounding name. Although such requirements have since been dropped, many Koreans still have to change their names because of restrictions on the use of certain Chinese characters in official documents. This discourages many Koreans from pursuing naturalization, especially if they wish to keep their Korean name. Other Koreans have their applications denied completely because of their affiliation with groups such as the Korean Residents Union (also known as Mindan), a community organization with strong ties to North Korea. Especially since North Korea abducted at least 17 Japanese individuals in the 70s and 80s, Mindan members have been viewed with increased scrutiny, complicating the citizenship application process.
Further, Japan has some of the strictest citizenship requirements of any country in the Organisation for Economic Co-operation and Development (OECD). Specifically, Japan’s reliance on a blood lineage system means that citizenship is only available to those with direct Japanese ancestry, while dual citizenship is subject to extreme limitations. As a result, marriage or naturalization are the only paths to citizenship, leaving many Zainichi Koreans (many of whom were born and raised in Japan) as non-citizens.
Despite these stringent regulations, Japan limits voting rights to Japanese citizens, effectively disenfranchising 330,000 Zainichi Koreans. While the Japanese Supreme Court granted the national government authority to extend voting rights to non-citizens in local elections, opposition from the ruling LDP party has blocked any such legislation. Because of this mass disenfranchisement, Zainichi Koreans have no official state support. Despite being ethnically Koreans, Zainichi Koreans are not Korean citizens and are thus not afforded protection by the Korean government. However, Zainichi Koreans also lack representation in the Japanese government, leaving them vulnerable to discrimination.
One of the clearest examples of anti-Korean discrimination can be seen in employment. Foreigners are barred from holding many public positions, even inherently apolitical ones such as serving in the Civil Rights Commission or as Child Welfare Volunteers. In the few positions open to foreigners, ethnic Koreans are largely overlooked for promotions, further contributing to the lack of Korean representation in government. The public sector also sees such discrimination against ethnic Koreans. A 2016 survey found that 25 percent of job-seeking foreigners were denied employment because of their nationality. As a result, Zainichi Koreans often experience higher rates of unemployment and tend to work in less stable positions than native Japanese.
Education presents another significant barrier for Koreans. Most Zainichi children attend Korean schools run by Korean community organizations such as Soren and Mindan. However, because these schools are not recognized by the government, students must undergo extra examinations to prove academic competence when applying to universities. Moreover, foreign schools are ineligible to receive funding from the national treasury. Although many receive support from local governments, Korean schools are frequently funded at lower rates than Japanese schools. In fact, since Osaka Prefecture cut funding for foreign schools in 2011, local funding has decreased by nearly 40 percent, with only 10 of 27 prefectures still subsidizing foreign schools. This underfunding places Zanichi children at a systemic education disadvantage.
Despite such pervasive discrimination, Japan has resisted calls to strengthen its exceptionally weak anti-discrimination laws. The Japanese government often points to Article 14 of the Japanese Constitution, which prohibits racial discrimination in political, economic, and social situations, as sufficient protection. However, according to a report submitted to the Office of the United Nations High Commissioner for Human Rights (OHCHR), Article 14 has largely been ineffective in addressing discrimination against Korean residents. Notably, although Article 14 mentions race, it lacks protections against discrimination based on color, descent, national origin, and ethnic origin. Many organizations have called upon the government to adopt a more comprehensive definition of discrimination in line with the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), but there has been no move to amend the constitution.
The Japanese government is also severely limited in terms of its enforcement of Article 14. Although there is a Human Rights Bureau (HRB) within the Ministry of Justice, it does not meet the standards of the Principles relating to the Status of National Institutions (Paris Principles), specifically regarding independence from other government institutions. Because the Bureau is staffed entirely by Japanese nationals, many have also questioned the Bureau’s ability to adequately address issues facing non-citizens like the Zainichi Koreans. Because the HRB frequently rejects complaints without giving reason to the public or the petitioner, many foreigners do not trust the HRB’s willingness to address their needs. Even when the HRB decides in favor of the petitioner, the decision carries no legal weight and sanctions cannot be brought against individuals who violate HRB decisions.
Japan also lags behind international standards in addressing indirect discrimination. Article 1 of the ICERD prohibits any government actions that limit fundamental freedoms, even unintentionally. Yet Japan has failed to align its legislation with ICERD principles. Although members of the Democratic and Social Democratic Party introduced racial discrimination legislation in 2015, the ruling LDP effectively killed the bill. In 2016, the Act on the Promotion of Efforts to Eliminate Unfair Discriminatory Speech and Behavior against Persons Originating from Outside Japan was passed and was an important acknowledgment of Japan’s hate speech problem. However, the law does not explicitly prohibit hate speech, and since the bill’s passage, several xenophobic groups have been allowed to organize, largely without punishment.
Compounding these issues is Japan’s failure to adequately study discrimination against foreigners, completing its first and only review of discrimination in 2016. Even in internationally mandated reports such as Japan’s reports to the United Nations Human Rights Committee (HRC) on its obligations under the International Covenant on Civil and Political Rights (ICCPR), Japan has avoided recognizing Zainichi Koreans as a minority group, focusing its reporting only on minorities who are Japanese nationals. This contradicts HRC guidelines, which state that minority rights cannot be restricted to citizens alone. By denying Zainchi Koreans recognition as a minority, Japan not only inadequately examines the issues facing the Korean minority, but effectively denies them the protections afforded minority groups under international law.
As one of the most developed countries in the world, Japan is often seen as a leader in human rights. Historically, Japan has been a frequent critic of North Korea and China’s human rights record. Even as far back as 1919, Japan became the first country to promote antiracism with its contributions to the Paris Peace Conference. Yet, domestically, Japan continues to perpetuate discrimination against Zainchi Koreans, undermining its credibility as a human rights leader abroad. International human rights law is clear: Japan has a responsibility to protect the voiceless minority within its borders. Only by addressing these systemic barriers can Japan truly embody the principles of justice and equality it espouses on the world stage.
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